Midrise residential buildings typically have 4-7 floors or stories. Each story is typically served by an elevator because it is generally understood in the residential architecture industry that residents in buildings over four stories are apt to rent on the fourth or higher story only if there is elevator access, so that they do not have to walk up four or more flights of stairs to access their dwelling unit.
Numerous requirements and guidelines at local, state, and federal levels govern new residential construction. For example, the Fair Housing Act of 1988 amended The Civil Rights Act of 1968 and includes requirements pertaining to housing that is accessible for the disabled. The Fair Housing Accessibility Guidelines (the “Guidelines”) were published on Mar. 6, 1991 and provide technical guidance on designing dwelling units as required by the Fair Housing Act. The United States Department of Housing and Urban Development published the Fair Housing Act Design Manual in 1996 and updated it in 1998. The Design Manual provides comprehensive information regarding accessibility requirements to be incorporated in the design and construction of multifamily housing covered by the Fair Housing Act. Residential buildings that are constructed consistent with the Design Manual will comply with the Guidelines, and therefore will also comply with the accessibility of the Fair Housing Act.
The Guidelines require that in buildings with four or more dwelling units, all ground floor units in residential buildings without elevators and all dwelling units in buildings served by one or more elevators be covered by the accessibility requirements of the Fair Housing Act. However, if an elevator is provided solely to provide an accessible route to a ground floor level above grade, the building is not considered “a building with one or more elevators.” The Design Manual provides examples of this exception in connection with elevator served dwelling units above grade that are often located above grade level parking or grade level retail uses. Also, elevator served dwelling units above grade may be employed with buildings on severely sloping sites.
A need exists for residential buildings with a combination of multi-level dwelling units and dwelling units on a single level that are accessible to the disabled. Buildings with this combination of dwelling units should maximize the density of rentable space and comply with the Guidelines.